Provision of Special Services to a student while in Day TX

One of my kids, was admitted to day tx yesterday but the Hospital says they wont allow a home bound or Special Education teacher to come into the Hospital to teacher. The mother told the Hospital staff her daughter is not able to accomplish work without a one on one, so getting the school to send work would not work. The Hospital says we have a teacher but did not CONFIRM they are special education qualified.

She hasn't seen the Psychiatrist yet, maybe tomorrow. The psychologist stated to the mom that the student be put on home bound but the Hospital is 45 minutes from where they live, and she attends from 9 am - 3 pm,which means she wouldn't be able to be taught at home until after 4 pm.

I can anticipate the schools response to this situation, but the daughter does not want to get further behind in school. She is there because the psychiatric she had was not listening to her and giving her the medications he wanted to not what she needed.

I found this but the school district is attempting to file truancy on her for excused absences with doctor's notes and hospital says no one can come in to teach? So what now?

§ 300.39 Special education.
(a)
General.
(1)
Special education means specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability, including
(i)
Instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings;(Authority: 20 U.S.C. 1401(29))

After receipt of letter, school district ED Dir send parent a letter saying since she decided to take her to a hospital out of their district, they were not obligated to provide services.

So they un-enrolled without mom's signature, and then when she went to take her back they tried to tell her she couldn't come to school, so I told her to march back in there get a copy of the withdrawal paperwork and a letter stating their refusal to allow her to attend school that day! Amazingly, they were gone for "a long time" and then came back and told her they thought "SHE WAS CONFUSED" and of course they want difficult child to come back to school! OMG!!